The (UK) Prohibition of Female Circumcision Act
1985 includes the following provisions:

1(1)

Subject to section 2 below, it shall be an offense for any person
-

(a)

to excise, inifibulate or otherwise mutilate the whole or any
part of the labia majora or labia minora or clitoris of another
person; or

(b)

to aid, alert, counsel or procure the performance by another
person of any of those acts on that other person's own body.

(c)

on conviction on indictment, to a fine or to imprisonment
for a term not exceeding five years or to both; or

(d)

on summary conviction, to a fine not exceeding the statutory
maximum (as defined in section 74 of the Criminal Justice Act 1982)
or to imprisonment for a term not exceeding six months, or to both.

Section 2 of the Act makes it clear that the Act does not render unlawful
a surgical operation which is necessary for the physical or mental health
of the person on whom it is performed. In determining whether the operation
is necessary for the mental health of a person, no account is to be
taken of any belief of that person or any other person that the operation
is required as a matter of custom or ritual. <Read
Notes on this Bill>

This legislation is an Act to amend the (Canada)
Criminal Code and the Young Offenders Act.

The problem of female genital mutilation has surfaced in recent years
as an issue in Canada, and prompted a review in 1992 by the Canadian
Department of Justice. That review concluded that such practices were
clearly against several provisions of the Canadian Criminal Code.
However, the review also raised concerns that the law did not prohibit
the removal of a child from Canada for the purposes of having genital
mutilation performed on that child. Bill C-126 was drawn up in response
to those concerns.

The following provision in Bill C-126 is particularly relevant to
female genital mutilation:

273.3(1) No person shall do anything for the purpose of removing
from Canada a person who is ordinarily resident in Canada and who
is:

(a)

under the age of fourteen years, with the intention that
an act be committed outside Canada that if it were committed in
Canada would be an offense against section 151 or 152 or subsection
160(3) or 173(2) in respect to that person;

(d)

over the age of eighteen years, with the intention that an act
be committed outside Canada that if it were committed in Canada
would be an offense against section 155 or 159, subsection 160(2)
or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect to
that person.

Section 273 refer to two age limits, which reflect the age limits of
the domestic offenses against children. For example, sexual interference
(section 152) and invitation to sexual touching (section 152) are offenses
if committed against those under 14, while sexual exploitation is an
offense committed against anyone under the age of 18 years by a person
in a position of trust or authority.

The new offense is a domestic offense, in the sense that it prohibits
conduct occurring in Canada; that is, it prohibits the doing of anything
for the purposes of removing from Canada a young person with the intent
of committing outside Canada an act that would be one of the enumerated
offenses if committed in Canada. There is, therefore, in law no element
that must exist or occur outside Canada in order for the offense to
exist. <Read
Notes on this Bill>